AD 2009-24-05

[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62222-62224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-28151]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0674; Directorate Identifier 2009-NE-25-AD; 
Amendment 39-16092; AD 2009-24-05]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce plc RB211-Trent 800 Series 
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Under certain ambient conditions, ice can accumulate on the 
walls of the fuel pipes within the aircraft fuel system, which can 
then be released downstream when fuel flow demand is increased. This 
released ice can then collect on the fuel-to-oil heat exchanger 
(FOHE) front face and limit fuel flow through the FOHE.

    We are issuing this AD to prevent ice from blocking the FOHE, which 
could result in an unacceptable engine power loss, and loss of control 
of the airplane.

DATES: This AD becomes effective January 4, 2010. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in the regulations as of January 4, 2010.

ADDRESSES: The Docket Operations office is located at Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, 
Engine Certification Office, FAA, Engine and Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
<a href="/cdn-cgi/l/email-protection#dfb5beb2baacf1b3bea8adbab1bcba9fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="abc1cac6ced885c7cadcd9cec5c8ceebcdcaca85ccc4dd">[email&#160;protected]</span></a>; telephone (781) 238-7176; fax (781) 238-7199.
    You can get the service information identified in this AD from 
Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK; telephone 44 (0) 
1332 242424; fax 44 (0) 1332 249936.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 23, 2009 (74 FR 
36422). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    This Airworthiness Directive has been raised following an 
incident involving dual loss of engine response in the final stages 
of approach leading to touchdown short of the runway. The phenomenon 
involved in the loss of engine response has also been seen in flight 
affecting just one engine.
    Post incident analysis and investigation has established that, 
under certain ambient conditions, ice can accumulate on the walls of 
the fuel pipes within the aircraft fuel system, which can then be 
released downstream when fuel flow demand is increased. This 
released ice can then collect on the FOHE front face and limit fuel 
flow through the FOHE. This type of icing event was previously 
unknown and creates ice concentrations in the fuel system beyond 
those specified in the certification requirements.

    To mitigate the risk of engine FOHE blockage, this AD requires 
replacing the FOHE, part number (P/N) 55003001-1 or 55003001-11, with a 
FOHE that has been modified using Rolls-Royce plc Alert Service 
Bulletin (ASB) No. RB.211-79-AG257, Revision 1, dated September 14, 
2009.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Eliminate ``Or Equivalent'' From Paragraph (e)

    Delta Airlines requests that we eliminate the words ``or 
equivalent'' from paragraph (e) of the proposed AD.
    We agree. We deleted them from paragraph (e) of the AD.

Requests To List the Replacement FOHE P/N or Subsequent Post Alert 
Service Bulletin FOHE P/N

    American Airlines, Rolls-Royce plc, Boeing, and the Airlines Pilot 
Association (ALPA) request that we require replacing the FOHE, P/N 
55003001-1 or 55003001-11, with a FOHE P/N 55003001-21, or subsequent 
post Rolls-Royce plc ASB No. RB.211-79-AG257 FOHE P/N.
    We partially agree. Rulemaking requirements do not permit advance 
approval of unknown future revisions to service bulletins and part 
numbers. However, we agree that we can clarify the compliance to 
identify the modification needed to replace the FOHE. We changed 
paragraph (e) to state ``Unless already done, within 6,000 flight hours 
after the effective date of this AD, but no later than January 1, 2011, 
replace the FOHE, P/N 55003001-1 or 55003001-11, with an FOHE modified 
using Rolls-Royce plc ASB No. RB.211-79-AG257, Revision 1, dated 
September 14, 2009.

Request To Change the Summary and Discussion Paragraphs

    Boeing requests that we change the Summary and Discussion 
paragraphs from ``under certain ambient conditions, ice can accumulate 
on the walls of the fuel pipes within the aircraft fuel system'' to 
``under certain ambient conditions, ice can accumulate on the walls of 
the fuel pipes within the aircraft and/or engine fuel systems.'' The 
commenter states that the current wording suggests that ice 
accumulation is possible only in the aircraft-side wing and strut fuel 
feed lines. Post incident analysis and investigation could not 
conclusively identify where in the feed lines ice accumulated, nor did 
it exclude the possibility of accumulation

[[Page 62223]]

within the engine-side fuel feed lines, and or components. The 
suggested wording eliminates this ambiguity.
    We do not agree. For the purpose of this AD, separating the 
aircraft fuel system from the engine fuel system is not necessary. 
Together, they represent the single fuel system for the aircraft. We 
did not change the AD.

Identify the AD as Terminating Action for AD 2009-05-11

    American Airlines requests that compliance with the AD on both 
engines of an airplane be identified as terminating action for AD 2009-
05-11. AD 2009-05-11 currently requires on-ground and in-flight 
procedures at the airplane-level.
    We do not agree. AD 2009-05-11, which is a Transport Airplane 
Directorate AD, defines procedures for the aircraft and not the 
engines. This AD is applicable to the engines only. Terminating the 
requirements of AD 2009-05-11 must be done within the constraints of 
that AD and cannot be defined in this AD. We did not change the AD.

Request To Revise the Costs of Compliance Estimate

    Rolls-Royce plc requests that we revise the estimated costs of 
compliance from a total of $1,647,720, to a total of $8,098,530, to be 
more accurate.
    We agree. Since we prepared our initial cost estimate, Rolls-Royce 
has updated their information to us. We changed the costs of compliance 
section in the AD preamble.

Request To Change the Compliance Time

    ALPA International requests that we change the proposed AD 
compliance time from ``Within 6,000 flight hours after the effective 
date of this AD, but no later than January 1, 2011'', to ``Within six 
months after the effective date of the AD or within 6,000 flight hours 
after receipt of the Service Bulletin.'' ALPA International believes 
that the decreased compliance times are important since, in the event a 
blockage of the FOHE, the current procedure requires an immediate idle 
descent to melt the blockage. Due to this aircraft's design mission of 
long range flight, it often operates over oceanic and geographically 
remote areas where radar surveillance may not exist and communications 
with the air traffic control is encumbered by language limits, poor 
radio reception, and third party communication relay services. These 
areas may concentrate traffic on specific routes or tracks. This 
creates the potential for traffic conflicts during the descent, without 
the ability to receive timely Air Traffic Control clearance or the 
additional safety oversight provided by radar separation. This engine 
rollback is very insidious to the crew and creates the potential for a 
pilot to be faced with an immediate descent without adequate time to 
compensate for traffic, weather, or terrain.
    We do not agree. On February 17, 2009, the Transport Airplane 
Directorate issued AD 2009-05-11 that revises the airplane flight 
manual to include in-flight procedures for pilots to follow in certain 
cold weather conditions. That AD also includes mandating fuel 
circulation procedures on the ground when certain conditions exist. 
These procedures are considered adequate to assure continued safe 
operation through all environments and conditions, including those 
expressed by ALPA, until hardware modifications become available. Those 
procedures also reduce hazardous amounts of ice buildup within the fuel 
feed system and eliminate ice accumulation on the face of the FOHE. We 
did not change the AD.

Request a Mandate To Retrofit At Least One Engine

    The National Transportation Safety Board (NTSB) requests that we 
mandate the retrofit of at least one engine on each airplane in the 
affected fleet by the end of December 2009. The NTSB believes that the 
January 1, 2011 compliance date for installation of the new FOHE is not 
consistent with the risk associated with the original FOHE design.
    We do not agree. AD 2009-05-11 revises the airplane flight manual 
to include in-flight procedures for pilots to follow in certain cold 
weather conditions. It also includes mandating fuel circulation 
procedures on the ground when certain conditions exist. It was issued 
to assure continued safe operation until hardware modifications become 
available. The actions reduce hazardous amounts of ice buildup within 
the fuel feed system and eliminate ice accumulation on the face of the 
FOHE. Those procedures were put into place while the investigation was 
ongoing and in advance of a permanent solution to the problem. We 
consider those procedures appropriate as an interim action to ensure 
continued safe operation until a permanent solution can be 
incorporated.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    The EASA AD 2009-0142, dated July 13, 2009, requires replacing the 
FOHE within 6,000 flight hours from July 10, 2009 or before January 1, 
2011, whichever occurs first. This AD requires replacing the FOHE 
within 6,000 flight hours after the effective date of the AD, rather 
than within 6,000 flight hours from July 10, 2009.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 138 products of U.S. registry. We also estimate that it 
will take about 8.5 work-hours per product to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts will cost about 
$58,005 per product. Based on these figures, we estimate the cost of 
the AD on U.S. operators to be $8,098,530.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 62224]]

    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is provided in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-24-05 Rolls-Royce plc: Amendment 39-16092. Docket No. FAA-2009-
0674; Directorate Identifier 2009-NE-25-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
4, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Rolls-Royce plc models RB211-Trent 875-
17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 turbofan 
engines with fuel-to-oil heat exchangers, part numbers 55003001-1 
and 55003001-11, installed. These engines are installed on, but not 
limited to, Boeing 777 series airplanes.

Reason

    (d) This AD results from the risk of engine fuel-to-oil heat 
exchanger (FOHE) blockage. We are issuing this AD to prevent ice 
from blocking the FOHE, which could result in an unacceptable engine 
power loss and loss of control of the airplane.

Actions and Compliance

    (e) Unless already done, within 6,000 flight hours after the 
effective date of this AD, but no later than January 1, 2011, 
replace the FOHE, P/N 55003001-1 or 55003001-11, with an FOHE 
modified using Rolls-Royce plc Alert Service Bulletin No. RB.211-79-
AG257, Revision 1, dated September 14, 2009.

FAA AD Differences

    (f) This AD differs from the Mandatory Continuing Airworthiness 
Information (MCAI) by requiring replacing the FOHE within 6,000 
flight hours after the effective date of this AD, rather than within 
6,000 flight hours from July 10, 2009.

Other FAA AD Provisions

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Engine Certification Office, FAA, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19.

Related Information

    (h) Refer to MCAI Airworthiness Directive 2009-0142, dated July 
13, 2009, and Rolls-Royce plc Alert Service Bulletin No. RB.211-79-
AG257, Revision 1, dated September 14, 2009, for related 
information. Contact Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, 
UK; telephone 44 (0) 1332 242424; fax 44 (0) 1332 249936, for a copy 
of this service information.
    (i) Contact James Lawrence, Aerospace Engineer, Engine 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
<a href="/cdn-cgi/l/email-protection#583239353d2b7634392f2a3d363b3d183e3939763f372e"><span class="__cf_email__" data-cfemail="9bf1faf6fee8b5f7faece9fef5f8fedbfdfafab5fcf4ed">[email&#160;protected]</span></a>; telephone (781) 238-7176; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (j) You must use Rolls-Royce plc Alert Service Bulletin No. 
RB.211-79-AG257, Revision 1, dated September 14, 2009, to perform 
the FOHE modification required by this AD. The Director of the 
Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Contact Rolls-Royce plc, P.O. Box 31, DERBY, DE24 8BJ, UK; 
telephone 44 (0) 1332 242424; fax 44 (0) 1332 249936, for a copy of 
this service information. You may review copies at the FAA, New 
England Region, 12 New England Executive Park, Burlington, MA; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Burlington, Massachusetts, on November 16, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-28151 Filed 11-25-09; 8:45 am]
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